Institutions and Capacity Building for the Evolution of Intellectual Property Rights Regime in India: III– Conformity and Enforcement Issues

Authors:

Kochhar, Sudhir

Keywords:

IPRConformityEnforcementPPV&FR Act,PVPAccess and benefit sharing

Issue Date:

May-2008

Publisher:

CSIR

Abstract:

India favoured sui generis option to provide IPR protection to new plant varieties rather than resorting to the more stringent alternative, i.e., the patent provision. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 has been enforced in India to give effect to the TRIPS Agreement vis-à-vis national scenario and needs. This paper analyses and assesses conformity of this Indian IPR law with the international agreements, treaties and conventions, and their enforcement in the country. In conclusion, much is unclear in terms of access and benefit sharing issues in the absence, so far, of (i) unconcluded intergovernmental negotiations on genetic resources, traditional knowledge and folklore, and (ii) any Indian case law on the sui generis IPR on plant varieties.

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